In a criminal case, the investigation must be fair and impartial, and the prosecution must prove the guilt of the accused beyond reasonable doubt.

1. - The three appellants were tried alongwith one Bhikam Singh (now dead) before Additional Sessions Judge, Bayana for causing murder of Bhagwan Singh son of Inder Singh Thakur resident of village Milsama at about 7 p.m. on July 30, 1993, in Sessions Case No. 94/93 and were convicted and sentenced vide judgment and order dated May 31, 1994.

2. The details of the prosecution case are extensively set out in the impugned judgment of the trial Court and it is not necessary for us to repeat the same. However, we would like to give a brief resume of the important facts which are relevant for deciding the present appeal and various questions raised by the learned counsel for the appellants.

3. Put briefly, the prosecution case, as unfold in the First Information Report (for short the F.I.R.), was that the deceased Bhagwan Singh and his brother-in-law P.W. 7 - Rambabu of village Ibrahimpur had gone to Kheragatek to purchase house-hold goods in the market there. While they were returning after making purchases, they were surrounded by the appellants and co-accused Bhikam Singh and Net Ram, who were sitting in ambush with lathis in the field (garden) of one Leeladhar near the canal. As per the prosecution case, accused Bhikam hugged the deceased Bhagwan Singh, while appellant-Dalel Singh struck a lathi blow on his head and the appellants Roop Singh and Virendra Singh and co-accused Net Ram also inflicted lathi blows. On the alarm made by Rambabu, witnesses Rajbir, Viri Singh and other persons came at the scene of occurrence and saw the incident. It was further alleged that Rambabu, then, came to the house of informant Het Ram in village Milsama and narrated about the incident. Thereafter, Het Singh and Rambabu came to the scene of all occurrence and found Bhagwan Singh lying dead. The dead body of Bhagwan Singh was taken to the hospital at Roopwas on a tractor-trolley and a written report of the incident (Ex.P 9) was made at Police Station, Roopwas at 2.30 a.m. in the night. On this report, Crime No. 202/93 was registered under Sections 147 and 302 I.P.C.

4. The investigation of the case was made by P.W. 8 - Girraj Prasad, the then Station House Officer (S.H.O.), Police Station, Roopwas. During investigation Site-plan (Ex.P 11) was prepared. Inquest report of the dead body (Ex.P 7) is said to have been made at 7 a.m. on 31.7.93. Memo Ex.P 2 describing condition of the dead body was also prepared. The autopsy on the dead body was conducted by P.W. 5 - Dr. Hari Singh Jatav, Medical Officer and Incharge Community Health center, Roopwas. Condition of the dead body and injuries were noticed by him as under:-

"Rigor-mortis present. No emaciation. Maggot in left eye and sub-conjecture hemorrhage present. Clotted blood, maggot formation on both nostril and right ear present."
External Injuries:

1. lacerated wound with haemotoma 11/4 cm. x 1/2 cm. on right temporal region. The haematoma was in an area of 8 cm. x 5 cm.

2. Haematoma 6 cm x 3 cm. over left temporal region.
On internal examination, there was extra-dural hemorrhage on right side of the skull. Clotted blood was present with tearing of brain 3 cm. x 1/4 cm. There was a fracture of left parietal bone with tearing of brain matter 4 cm. x 3/4 cm. with clotted blood. In opinion of the doctor the cause of death was due to shock and hemorrhage as a result of head injury.

5. After usual investigation, a charge-sheet came to be filed against the appellants and co-accused Bhikam Singh in the Court of Munsif and Judicial Magistrate, Roopwas. Accused Net Ram could not be arrested, hence, investigation was kept pending against him under Sec. 173(8) of the Code of Criminal Procedure. The offence under Sec. 302 I.P.C. being exclusively triable by a Court of Sessions, the appellants and co-accused Bhikam Singh were tried in the Court of Additional District and Sessions Judge, Bayana. During pendency of the trial, accused Bhikam Singh died, as such, trial proceeded against the appellants who were ult